V^^i CHARTER 



BY-LAWS 



Irankfinani Pars|all tf olkge.! 



LANCASTER, PENNA. \\ 

1853. i 



CHARTER 



AND 



BY-LAWS 



J 



LANCASTER, PENNA. 



e'e'f^'J^^cnt 



i) mi 












Jfrankltn & ^ao|alI College. 



PENNSYLVANIA, SS. 

In the name and by the authoiity of the CommomoeaWi of Penn- 
sylvania, William Bigler, Governor of said Commonwealth, 

To ALL TO WHOM THESE PRESENTS SHALL COME SENDS GREETING: 

Whereas, an Act of the General Assembly of this Common- 
wealth entitled "An Act to unite and consolidate Marshall 
College now at Mercersburg, with Franklin College now at 
Lancaster under the name of " Franklin and Marshall College," 
as a corporation, to be located in the City of Lancaster, or its 
immediate vicinity, provides for incorporation of said College, 
and which Act is as follows, viz : — 

Section 1. — Be it enacted by the Senate and House of Repre- 
sentatives of the Commonwealth of Pennsylvania, in General As- 
sembly met, and it is hereby enacted by the authority of the same, 
That Franklin College, which was chartered by the representa- 
tives of the freemen of the said Commonwealth, sitting at 
Philadelphia, the tenth of March, one thousand seven hundred 
and eighty-seven, and Marshall College at Mercersburg, char- 
tered by act of Assembly the thirty-first of March, one thousand 
eight hundred and thirty-six, be and are hereby united and 
consolidated into one institution of learning, under the corporate -^^^^ g^-jg 
name, style, and title of "Franklin and Marshall College," and and Title, 
thus created, the same be located in the City of Lancaster, or 
in its immediate vicinity. Location. 

Section 2.— The said Franklin and Marshall College so 
united, consolidated and located, shall be under the direction, 
management and government of not less than forty-five nor 



Trustees j^ore than sixty trustees, of whom the Governor of this State 
num er o ^^^^^ ex-officio be one, and two -thirds of which number of trus- 
tees at least shall be members of the German Reformed Church, 
Quorum of and a quorum of whom competent to transact any business shall 
consist of fifteen members, at least two-thirds of which quorum 
shall be members of the German Reformed Church, and to that 
&:Tf ^V^^^^*^ and purpose William Heyser, John Smith, Barnard Wolff, 
s rus ees QgQj.gQ Besore, John Casper Bucher, and John W. Nevin, of 
Franklin county; John Conrad Bucher, George Z. Kunkel, 
Daniel W. Gross, Rudolph F. Kelker, John F. Mesick, and 
Luther Reiley, of Dauphin county; David Middlekauff, of 
Adams county ; William A. Good and Samuel Wagner, of York 
county ; David Krause, William Schall and John R. Kooken, of 
Montgomery county; Julius W. Mann, William Mayberry, 
Charles Bibighaus, and John Alberger, of Philadelphia ; John 
W. Gloninger, John W. Killinger and John Krause, of Lebanon 
county; James Buchanan, John L. Atlee, Samuel Bowman, James 
L. Reynolds, John Reynolds, Emanuel C. Reigart, Henry G. 
Long, Samuel Humes, Benjamin Champneys, B. Keenan, Chris- 
topher Hager, Daniel Heitshue, David Longenecker, Christian 
Gast, John Bausman, William Hiester, Philip K. Brenneman, N. 
A. Keyes, Clement B. Grubb, and Joseph Konigmacher, of Lan- 
caster county; Thomas H. Leinbach, Philip Zieber, and P. 
Hiester, of Berks county; Isaac Meyers, of Schuylkill; J. H. 
A. Bomberger, J. P. Hetrich, of Northampton county ; George 
C. Welker, of Northumberland county; and William Darlington, 
of Chester county, Pennsylvania; Jacob Myer, of Virginia; 
Elias Heiner, John Rodenmayer, Bernard 0. Wolff, David Zel- 
lers, and George Shaffer, of Maryland ; and the Governor of 
the Commonwealth of Pennsylvania, ex-offiicio, shall be and 
hereby are created the first trustees. 

Section 3. — The trustees above named and created, and their 
successors, to be elected as hereinafter provided, are hereby 
established and declared to be one body politic and corporate, 
with perpetual succession in deed and in law under the said 
name, style, and title of " Franklin and Marshall College," by 
which name they and their successors shall be capable in law 
and equity to take for the use of Franklin and Marshall College, 
any estate in any messuages, lands, tenements, and heredita- 
ments, goods, chattels, moneys, and other effects, by gift, bar- 
gain, and sale, conveyance, assurance, devise, or bequest, as 
well of the said Franklin College and the said Marshall College 
at Mercersburg, both being hereby authorized and empowered 
to alien, transfer and convey, to said Franklin and Marshall 
College, such property as of all other persons or corporate 
bodies, and the same to dispose of by sale or otherwise, or to 
farm, let, and put out on interest, for the use of said Franklin 
and Marshall College, in such manner as they or a quorum of 
their board of trustees shall judge most beneficial to said in- 



stitution, and receive the proceeds and income thereof for its 
proper support; to execute all contracts for scholarships, 
erected by Marshall College, unless the owner or holder of any 
scholarship residing in Mercersburg, on which a balance may 
remain unpaid, shall object to paying the same, and by the 
same name to sue and be sued, to prosecute and defend, im- 
plead and be impleaded, in any court of law or equity, and 
generally to transact all business concerning the premises or 
incidentally necessary to ensure full success to said College ; 
and to hold, enjoy, and exercise all such powers, authorities, 
and jurisdictions, as are customary in other like institutions in 
this State. 

Section 4. — The said trustees shall cause a common seal to 
be made for the use of the said corporation and college, with Of Common 
such devices and inscriptions thereon as are suitable for the Seal, 
same in their judgment, by which all deeds and other instru- 
ments of writing, diplomas, certificates, and other acts of said 
corporation and College shall pass and be authenticated, and 
said seal to break, alter, and replace at their pleasure. 

Section 5. — The first meeting of said trustees shall be con- 
vened in the City of Lancaster, on the requisition of any seven 
of their members, and notice of ten days to each ; and there- Annual 
after their meeting shall be annual at each college commence- Meeting. 
ment, on similar notice, to be given by the President or Secre- 
tary, to transact the business of said corporation and college, to 
enact by-laws not repugnant to the constitution and laws of the By-Laws. 
United States or of this State, to appoint the principal and pro- 
fessors of said college, and determine their number, duties, and anS°removal 
compensation; to remove said functionaries for incompetency, of professors, 
misconduct or other sufficient cause, to provide in conference 
with its faculty proper rewards for merit, and punishments for i>resident. 
violation of its rules, regulations and by-laws on the part of 
students and subordinate officers ; to elect their President, Secretary. 
Secretary, and Treasurer, and such other officers and agents as Treasurer, 
are usual in other colleges ; to appoint committees for carrying 
into execution their resolutions, and generally to do all other 
matters and things which though not here enumerated may be ^™™' ^*'®- 
necessary to secure the full success and well being of said in- 
stitution. 

Section G. — The Trustees may adjourn their meetings, and 
also may hold special meetings whenever the President and Special meet- 
Secretary, and on their disagreement or neglect a majority of c"necl. ^^ 
the faculty, shall require it, for the transaction of any distinct 
business or ordering of any distinct matter concerning said Col- ^. 
lege, either at Lancaster or other convenient place ; but in such spedal^Busi*^ 
case notice of the business or matter to be done, as well as the ness to be gi- 
time and place of meeting, shall be given ten days beforehand y^^^ ^^^ ^^y« 
to each member of the board. Deiorenana. 



6 

vacamies SiEGTioiS'7;-^intiieroomaB^ instead -ofiTpusteej? TKbo shall 
how filled, die^ resign, "or otherwise create vacancies,, the remaining: Trus- 
tees shall Bisect others at the next annaial meeting,; or, at a spe- 
cial meeting, to'be called for that purpose in "m'anner aforesaid, 
and thus' perpetual succession in the Board of Trustees and 
the, coa-p oration shall he kept up and preserved,' with the-pow- 
'ers, rights, immunities, :and duties, Iprovidedfo* in'this charter; 
and -if -any metnber of the Boar<} of "Trustees shall fail- to attend 
-three succesive annual meetings thereof, his seat may be vacat- 
ed by said board, if by them deemed expedient. 

Section 8. — The Principal of said College and its Professors, 
who may from time to time be multiplied to any number, for 
the purpose of giving instrviction in any of the liberal arts and 
sciences and other useful learning, or a majority of them, for 

The Faculty the time being, shall constitute the Faculty of the same, and 

anditspower gj^g^l^ as such have power to enforce the rules and regulations 
adopted by the Trustees for its government, and that of its stu- 
dents and subordinate officers, and to grant by order and con- 
sent of the Board of Trustees, or a quorum thereof, such de- 
grees in the said arts and sciences or other useful learning to 
students of said College and others, who by their proficiency in 
learning, or other distinction, shall be adjudged entitled to them, 
as have been usually granted in other Colleges or Universities 
in America or Europe, and to grant to said students entitled 
thereto, diplomas or certificates to perpetuate the memory of 
their graduation or other distinction, in all which cases the 
same shall be authenticated by the common seal of said corpo- 
ration. 

German Pro- Sfction 9. — There shall be in said College one or more Ger- 

fessorship. man Professorships. 

Section 10. — That whenever the intent in any gift, grant, 
device, or bequest, to or from said corporation to make the same 
shall sufficiently appear, no misnomer shall defeat such intent, 
nor shall any omission or neglect of the Trustees to meet at the 
time and place appointed for business, affect this charter or 
work its forfeiture, but in such case another meeting may be 
called by any member of the Board giving ten days notice for 
that purpose. 

Section 11. — The charters of the Franklin College and of 
Marshall College aforesaid, shall be and severally remain in 
fall force and virtue until they shall severally have collected all 
obligations due them, and have severally conveyed their pro- 
perty, real, personal, and mixed, subject to the subsequent pro- 
visions of this act, as far as relates to the real estate of Marshall 
College, to Franklin and Marshall College aforesaid, for the use, 
benefit, and behoof of the said Franklin and Marshall College, 
and thenceforth the said charters of Franklin College and Mar- 
shall College shall be null and void. 



Akd whereas, By the above recited act, the Governor of this 
Commonwealth is authorized and required to issue his letters 
patent, under the Seal of the State in the manner and at the 
time therein specified. 

And whereas, The stipulations, conditions and things in 
the said act, directed to be performed, have in all respects been 
fully complied with. ,, , 'r ^t 

Now KNOW TE, That -oh pursuance Hi thepo^er, and authority 
to me by law given, I, William Bigler, Governor of the said 
Commonwealth, do by these presents, whieh I have caused to 
be made patent and sealed with the Seal of the State, establish 
and declare the above named trustees, and their successors in 
office, to be one body politic and corporate with perpetual suc- 
cession in deed anc^ in.kw by . tjn^ name', style and'tiftle of ' 
«' FrankUn and Marshall Cbflege..'^^'^.,' - ;^ / ; m r^ ' v ^ '^l 

And by the said name the' trustees aforesaid^ and' their s\lc-'' 
cessors in office, shall have all the privileges and franchises 
incident to a corporation, and the trustees aforesaid, and their 
successors and assigns are- geheipally to.be ihWsted with all the 
rights, powers and privileges with full force and effect, and to 
be subject to all the duties, requisites and restrictions, specified 
and enjoined in and by the said act of the General Assemblj'', 
and all other laws of this Commonwealth. 

Given under my hand and the great seal of the State at 
Harrisburg, this twenty-first day of December, in the year of 
our Lord one thousand eight hundred and fifty-two, and of the 
Commonwealth the Seventy-Seventh. 

By the Governor : 

F. W. HUGHES, 
Secretary of the Commonwealth. 



Q \ J fVLA- 



BY-LAWS 



OP 



ADOPTED, AUGUST, 1853. 



ARTICLE L^Meetings of the Board. 

Sec. 1. — The annual meetings of this Board shall be at 
the time of each College commencement ; and a semi-annu- 
al meeting shall be held at the close of the first session of 
each year. 

Sec. 2. — Special and adjourned meetings may be held 
whenever the President and Secretary, or on their disagree- 
ment or neglect, a majority of the Faculty may require it, 
but in such cases the 6th Section of the Charter shall be 
duly observed. 

Sec. 3. — If a less number than a legal quorum, (which 
is 15,) shall be convened at any time on notice duly given, 
the members present may appoint another time of meeting. 

ARTICLE 11.-^ Officers of the Board, 

The Officers of the Board shall be a President, two Vice 
Presidents, a Recording and Corresponding Secretary, and 
a Treasurer. There shall also be an Executive or Finance 
Committee, consisting of nine persons who shall be elected 
at each auuual meeting of the Board. 



ARTICLE llL—0/t7ie President and Vice Presidents. 

Sec. 1. — The President when present at a meeting, shall 
take the chair at the time appointed, cause the meeting to be 
opened with prayer ; he shall decide all questions of order, 
subject to an appeal from his decision, regularly made and 
seconded, appoint all committees, except when otherwise or- 
dered ; in case of an equal division on any question he shall 
decide the same by his casting vote, unless excused by the 
Board ; and shall attend to all other business ordinarily be- 
longing to his office. 

Sec. 2. — The Vice Presidents, when present, shall take 
seats near the President. In the absence of the President, 
one of the Vice Presidents shall take his place and perform 
his duties; and in case neither President nor Vice President 
shall be present at a meeting, the Board may call any one 
of its members to occupy his place ^ro tern. 

ARTICLE IV.— Of the Recording Secretary. 

Sec. 1. — The Recording Secretary shall have charge of 
the papers of the Board, subject to their orders ; shall file 
and preserve them carefully; shall keep a regular and fair 
record of all its proceedings ; shall give the required notices 
of all meetings, notify new members of their elections, and 
new officers of their appointment, and perform all the duties 
usually belonging to his office. 

ARTICLE V. — Of the Corresponding Secretary. 

This Secretary shall conduct the Correspondence of the 
Board, make all necessary public announcements in its behalf, 
and aid the Recording Secretary in serving notices, when such 
aid is needed— and requested. 

ARTICLE Yl.— Of the Treasurer. 

Sec. 1. — The Treasurer shall receive, and keep a regular 
and full account of all the monies of the Board; and invest 
or disburse the same under the general direction of the Board 
and their Finance Committee. 

Sec. 2. — No money shall at any time be paid away or 
loaned by the Treasurer, except on an order for the purpose 



10 

signed by the Chairman of the Finance Committee and the 
Secretary of the Board ; and this order shall be to him, at 
a)l times, a sufficient voucher for the will of the Board. 

Sec. 3. — The Treasurer shall form a current fund, out of 
Tuition and other Fees collected from the Students, interest 
on investments, and such other appropriations as the Board 
and Executive committee may see fit, from time to time, to 
make towards this object; from this fund he shall pay the 
regular salaries of the Professors and other current expen- 
ses of the institution on proper order. No bill shall be ac- 
cepted and paid by the Treasurer of the Board that has not 
been first audited by the Finance Commttee, and ordered in 
the proper way. 

Sec. 4. — If, at any time, a surpluss shall remain of the 
current fund after the ordinary expenses shall have been paid, 
the Treasurer shall immediately notify the Chairman of the 
Executive Committee thereof, and shall urge its proper in- 
vestment. 

Sec. 5. — The Treasurer shall give bond with, at least, two 
sufficient sureties, or real security in the sum of not less than 
Twenty Thousand Dollars for the faithful discharge of his 
duties. 

Sec. 6. — At each annual meeting of the Board, and at 
any other time if called upon by the Board, or the Executive, 
or Finance Committees, the Treasurer shall report in form 
the state of the Treasury, exhibiting the amount of monies 
received and disbursed of each distinct fund, since the date 
of his previous report. Each report shall be accompanied 
by the proper vouchers, and shall be with these carefully 
inspected and compared by an auditing committee before it 
shall be adopted by the Board and recorded on its minutes. 

Sec. 7. — The Treasurer shall require the Faculty to ap- 
point from among their number a Treasurer whose duty it 
shall be to receive, at the opening of each session, all monies 
paid for tuition, expenses, janitor's fees and fines, and to hand 
over the same to the Treasurer of the Board, to be placed in 
the current fund. 

ARTICLE VII. — Of the Executive & Finance Committee. 
Sec. 1.— This committee shall consist of nine members 



11 

including the Eecording Secretary and the Treasurer of the 
Board. The Chairman of the committee shall be appointed 
by the Board j but, if a vacancy occur, the committee shall 
appoint a temporary chairman until the next meeting of the 
Board. The committee shall, at each meeting of the Board 
lay the record of their proceedings upon the table for the 
inspection of the Board. 

Sec. 2. — The Executive (Committee shall be the Finance 
Committee of the Board ; shall carry out all its orders ; 
manage all its funds and property, and superintend all its 
investments, disbursements and appropriations, under the 
direction and supervision of the Board ; and shall co-operate 
with the Faculty in maintaining good order and promoting 
good behaviour in the institution. 

Sec, 3.— Any funds donated or appropriated for the per- 
manent endowment of the institution, shall, under no cir- 
cumstances be devoted to any other purpose. 

Sec. 4. — The committee shall, invariably audit all bills 
before they order the Treasurer to pay to any claimant. 

Sec. 5. — Wherever deemed expedient, the committee may 
order a special meeting of the Board to be called to attend 
to important and urgent business. 

ARTICLE Ylll.— Of the Election of Officers. 

Sec. 1. — The officers shall be elected annually ; and the 
election shall be viva voce, unless otherwise ordered by two- 
thirds of the members present. 

Sec. 2. — The Officers and the Finance Committee shall be 
always chosen from members of the Board ; but, the Treas- 
urer may be selected from without the Board, if, at any time, 
it be deemed expedient. 

AETICLE IS..— Of the Order of Business. 

Sec. 1. — Each meeting shall be opened with prayer. Then 
the roll shall be called, and all the members present at any 
meeting, shall be noted and recorded. 

Sec. 2. — The minutes of the preceding meeting shall be 
read, corrected and approved ; and the minutes of the last 
session of each meeting shall be read and corrected before the 
Board adjourns sine die. 



12 

Sec. 3. — All letters, petitions, memorials, remonstrances 
and accompanying documents, shall be handed in and disposed 
of, in such a way as the case may require. 

Sec. 4. — Items of unfinished business shall be considered 
and disposed of; and reports of committees shall be received 
and acted upon. 

Sec. 5. — All adopted reports, the Secretary shall file, and 
when ordered by the Board shall record them on the min- 
utes. 

Sec. 6. — Business relating to Rules, regulations, and or- 
dinances of the college ; and, the punishments shall be called 
up and attended to. 

Sec. 7.- — Business referring to the organization and affairs 
of the Faculty, and the general interests of the institution, 
shall be deliberated upon. 

Sec. 8. — Elections shall take place, whether of ofiicers, or 
of new members of the Board to fill vacancies. 

Sec. 9. — Miscellanious business shall be allowed. 

Sec. 10. — The Presiding officer shall call up the business 
according to these Lemmata. 

ARTICLE X.-O/ Motions. 

Sec. 1.— No motion shall be received by the President, 
or debated, until it is seconded, and given in writing. 

Sec. 2 When a question is under debate, no motion 

shall be in order, except to adjourn, to amend, to lay on 
the table, to allow the question to be withdrawn, to take 
the previous question, to postpone or to commit; and any 
question may be divided, if it can be formed into parts, if 
required by any member ; in which case each part shall be 
acted upon separately. 

Sec. 3. — Motions to adjourn, to lay on the table, for 
leave to withdraw, or for the previous question shall be 
taken without debate. 

Sec. 4. — A motion to adjourn shall always be in order. 

SeC. 5. — A motion to reconsider shall be in order, if 
made and seconded by members having the majority in the 
previous vote at the same meeting, or not later than the 
next following meeting. 

Sec. 6. — When blanks are to be filled up, the question 



18 

shall be taken first on the largest sum, highest number, and 
remotest day. 

Sec. 7. — At the request of any two members, the yeas, 
and nays shall be ordered on any question, and recorded on 
the minutes. In such case the members shall be called 
upon in alphabetical order, and the presiding officer shall 
vote last. 

ARTICLE XL— Of Debates. 

Sec. 1. — Every member about to speak, shall rise and 
address the chair in a respectful manner; shall confine him- 
self to the question under debate ; and shall observe all 
proper courtesy and decorum in his remarks. 

Sec. 2. — No member shall speak more than twice on the 
same question without permission from the Board. And 
when any one shall be called to order by the President, he 
shall at once take his seat, unless permitted by the chair 
to explain. A member refusing to regard the rules, shall 
be liable to censure by the Board. 

Sec. 3. — When two or more members shall rise at the 
same time, the President shall name the one who shall 
speak first. 

Sec. 4. — On questions of appeal, no member shall be 
allowed to speak more than once ; and with regard to points 
of order the President shall have the preference when he 
rises in his seat. 

ARTICLE Xll.— Miscellaneous RtiUs. 

Sec. 1. — Any article or rule of this code of By-Laws 
may be suspended, altered, or amended, at any annual 
meeting, by a vote of two-thirds of the members present. 



TRUSTEES 
OF FMNKLIN AND MARSHALL COLLEGE, 



His Excellency Wm. Bigler, Gov. 

of Pennsylvania, Ex-Ofl&cio. 
Rev. John W. Nevin, D D, 
William Heyser, 
Barnard Wolff, . 
George Besore, . 
Rev. John C. Bucher, 
George Z. Kunkel, 
Daniel W. Gross, 
Rudolph F. Kelker, . 
Rev. John F. Mesick, D.D, 
Hon. Luther Reily, M. D., 
Gen. David Middlekauf, 
Rev. Thos. H. Leinbach, 
Rev. William A. Good, 
Philip Zieber, 
John P. Hiester, M. D., 
Samuel Wagner, , 

Hon. David Krause, . 
Gen. Wm. Schall, 
Rev. John R. Kooken, 
Wm. Mayburry, M. D., 
Charles H. Bibighaus, M. D 
John G. Alberger, 
John W. Gloninger, M. D., 
John W. Killinger, Esq., 
John Krause, 
John Heilman, . 
Hon. Jas. Buchanan, LL. D. 
John L. Atlee, M. D., . 
James L. Reynolds, Esq., 
Emanuel C. Reigart, Esq. 
Rev. Samuel Bowman, D. D. 



POST OFFICE ADDRESS. 



Mercer sburg, 
Chamhersburg. 

Waynesboro' 

Carlisle, 

Harrisburg, 



Cashtown, 

Myerstown. 

Reading, 



York, 
Norristown, 



Franklin Co. Pa. 



Cumberland 
Dauphin 



Adams 
Berks 



York 
Montgomery 



Philadelphia, 

Lebanon, [Lebanon Co. 



Lancaster, 



Lancaster 



15 



POST OFFICE ADDRESS. 



Hon. Benj. Cbampneys, LL. D., Lancaster, \ Lancaster Co. Pa 

Rev. B. Keenan, . 

Christopher Hager, 

Daniel Heitshu, . 

David Longenecker, . 

Christian Gast, . 

John Bausman, . 

Philip K. Breneman, . 

Rev. N. A. Keyes, 

Clement B. Grubb, 

Hon. Henry G. Long, . 

Robert McClure, 

N. EUmaker, Esq., 

Rev. H. Harbaugh, 

Abm. W. Russel, 

Hon. Jos. Konigmacher, 

Hon. Wm. Hiester, 

Col. Isaac Myers, 

Rev. J. H. A. Bomberger, D. D., 

J. P. Hetrich, . 

Hon. George C. Welker, 

Jacob Myers, 

Rev. Elias Heiner, D. D., 

Rev. Bernard C. Wolff, D. D 

John Rodenmayer, 

David Zellers, 

George Shaffer, . 

Rev. D. Zacharias, D. D. 



Ephrata, 
Nexo Holland, 
Fort Clinton, 
Easton, 

Sunbury, 

Martinshurg, 

Baltimore, 



\IIagersVn, 

\Funkstoto7ij 

[Frederick, 



Schuylkill 
Northampton 

[Northumberland 



Va. 
Md. 



Washington co. 
Frederick " 



IlliWm °^ CONGRESS 

029 929 747 



